CADude
02-21 11:19 AM
Your friends lawyer is stupid. I know many who are GC holder by converting. File new EB2 LCA and Port the EB3 date in I140 filing. Nothing wrong with it. My company (F 500) don't do it by some crap policy. I am still waiting since PD 2001 to see light. Why? Because EB2 India is always current but EB3 India PD is May 2001 or before from last 3 years. So if possible take advantage or I am living example. Waiting from 8+ years. Sorry for venting.. :)
My co-worker tried that and now has 3 RFE's to respond to.
Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
Be very careful-
My co-worker tried that and now has 3 RFE's to respond to.
Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
Be very careful-
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gc_chahiye
09-24 01:11 PM
Hi,
I have a EAD L2 Based valid till 2009. I havent worked in US till now after getting EAD. Now I have to travel to India for a Month. What will be the procedure to retain my EAD after I come back to US after 30 day.
Please Guide Me
Mahesh
you dont have to do anything. Based on your L2 petition you will get an I-94
valid till 2009. Since your EAD is unexpired, you can continue working once you come back. EAD is authorization to work, completely unrelated to your travel to India and back. What exactly are you worried about?
I have a EAD L2 Based valid till 2009. I havent worked in US till now after getting EAD. Now I have to travel to India for a Month. What will be the procedure to retain my EAD after I come back to US after 30 day.
Please Guide Me
Mahesh
you dont have to do anything. Based on your L2 petition you will get an I-94
valid till 2009. Since your EAD is unexpired, you can continue working once you come back. EAD is authorization to work, completely unrelated to your travel to India and back. What exactly are you worried about?
empee99
09-27 12:51 PM
you dont have to do anything. Based on your L2 petition you will get an I-94
valid till 2009. Since your EAD is unexpired, you can continue working once you come back. EAD is authorization to work, completely unrelated to your travel to India and back. What exactly are you worried about?
I am worried bcoz, on my EAD card its written "NOT VALID FOR REENTRY TO U.S."
what does this mean?
Please advise.
Thanks
Mahesh
valid till 2009. Since your EAD is unexpired, you can continue working once you come back. EAD is authorization to work, completely unrelated to your travel to India and back. What exactly are you worried about?
I am worried bcoz, on my EAD card its written "NOT VALID FOR REENTRY TO U.S."
what does this mean?
Please advise.
Thanks
Mahesh
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coopheal
04-09 05:47 PM
Wiki updated to include May VB.
Past Visa Bulletin Data - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data)
Past Visa Bulletin Data - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data)
more...
uma001
12-21 04:21 PM
This is from Murthy chat.
Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?
Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.
:mad::mad::mad::mad::mad::mad::mad::mad:
Thats for those who are still in US. You have been put of US and reentered , so dont worry...Chill out
Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?
Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.
:mad::mad::mad::mad::mad::mad::mad::mad:
Thats for those who are still in US. You have been put of US and reentered , so dont worry...Chill out
ilikekilo
10-16 10:26 AM
U could get notarized at ur local banks or at ur work place if u ahve anyone who has a license
i believe you dont have to put in any recpt # 's just your name...
and also anyone knows the fax #??
i believe you dont have to put in any recpt # 's just your name...
and also anyone knows the fax #??
more...
justAnotherFile
07-24 01:28 PM
no offense meant..
.. but if "the law is the law" and there is no room for "interpretation" then lawyers will be out of business :)
I guess that is why congress also publishes the "intent of congress" with every legislative bill to guide interpretations, because there will be situations and cases which test the limits of law and they cannot visualize that while writing a law.
.. but if "the law is the law" and there is no room for "interpretation" then lawyers will be out of business :)
I guess that is why congress also publishes the "intent of congress" with every legislative bill to guide interpretations, because there will be situations and cases which test the limits of law and they cannot visualize that while writing a law.
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invincibleasian
01-31 06:18 PM
Well excuse me, but people having queries other than the reason why this thread was started, please create a new thread.
Sorry to say so, but my query for travel has been sidelined because of other issues.
thanks in advance for your cooperation.
Dude quit hogging any thread!
Sorry to say so, but my query for travel has been sidelined because of other issues.
thanks in advance for your cooperation.
Dude quit hogging any thread!
more...
nk2006
04-03 05:56 PM
?? A new bill in senate to reform H1B ???
I was just watching LuDobb's show on CNN and saw a clip on a proposed bill (being prepared by Sen.Durbin and another whose name I forgot) to revamp/reform H1B program. From the brief discussion, got the impression that the bill is more concentrated on controlling the h1B program with more checks and rules etc. Obviously Dobbs liked it - not sure if there are any other measures in that bill. Also not sure why another bill if CIR/STRIVE act is in works which is supposed to cover all immigration issues. Anyone else saw any related news elsewhere?
Also saw this article (sorry if its already discussed somewhere):
http://www.infoworld.com/article/07/04/03/HNsenateh1bbill_1.html
I was just watching LuDobb's show on CNN and saw a clip on a proposed bill (being prepared by Sen.Durbin and another whose name I forgot) to revamp/reform H1B program. From the brief discussion, got the impression that the bill is more concentrated on controlling the h1B program with more checks and rules etc. Obviously Dobbs liked it - not sure if there are any other measures in that bill. Also not sure why another bill if CIR/STRIVE act is in works which is supposed to cover all immigration issues. Anyone else saw any related news elsewhere?
Also saw this article (sorry if its already discussed somewhere):
http://www.infoworld.com/article/07/04/03/HNsenateh1bbill_1.html
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arsh007
01-30 02:45 PM
Hi,
I know a good desi firm. The firm takes just $2/hr for the operational expense. If you need more info please send a private message.
Thanks
I have looking out for companies to sponsor my wife's H1 (she is currently on H4) here in St Louis, MO. One local company (less than 25 employees) is ready to sponsor my wife's H1 provided the following conditions are met:
1. Pay H1 costs (including petition and attorney fees)
2. Pay payroll taxes for my wife from Oct 1, 2007 if she manages to get an H1 but is not able to begin working on a project.
3. Refund of H1 costs after completing 6 months on project.
I was ready for all conditions except 'paying payroll taxes when not on project'. That would mean paying around $700-$800 each month or more...Its surprising how desi companies can impose such conditions....
I am still contemplating whether to go ahead with this company or tell him "GO to HELL".......
I know a good desi firm. The firm takes just $2/hr for the operational expense. If you need more info please send a private message.
Thanks
I have looking out for companies to sponsor my wife's H1 (she is currently on H4) here in St Louis, MO. One local company (less than 25 employees) is ready to sponsor my wife's H1 provided the following conditions are met:
1. Pay H1 costs (including petition and attorney fees)
2. Pay payroll taxes for my wife from Oct 1, 2007 if she manages to get an H1 but is not able to begin working on a project.
3. Refund of H1 costs after completing 6 months on project.
I was ready for all conditions except 'paying payroll taxes when not on project'. That would mean paying around $700-$800 each month or more...Its surprising how desi companies can impose such conditions....
I am still contemplating whether to go ahead with this company or tell him "GO to HELL".......
more...
El_Guapo
11-13 10:25 AM
The 1st quarter ends Dec 31. So technically, USCIS has until that to allocate the total of 35,000 visas. Now, let's assume they have only approved 5000 visas across all categories thus far, then that doesn't mean they can go and allocate the remaining 30,000 in December to the retrogressed countries.
I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.
I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.
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sanju
09-11 12:05 PM
wow..they resume discussions on sept 18th?
There is a slight correction, they will resume 4 hours break time on sept 18th.
There is a slight correction, they will resume 4 hours break time on sept 18th.
more...
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Jai_MD
06-10 06:23 PM
done and request fellow members who are on the sidelines to do the same!
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neoneo
09-26 10:47 PM
senthil1 makes more sense then this!
I don't know who senthil1 is, nor do i care. If you nothing to reply please don't waste white space. My comments are not to stir up arguments but an observation.
I don't know who senthil1 is, nor do i care. If you nothing to reply please don't waste white space. My comments are not to stir up arguments but an observation.
more...
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tinku01
02-20 03:02 PM
these type of posts keep you moving with this GC Process. Mine is EB2 June, I hope it would also become current in coming months.:p
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supers789
03-11 10:57 PM
Thanks for the link... And so sad after all that hype!
more...
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h1-b forever
01-24 09:16 AM
I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
GK,
I think you do have a point. Let me do some research and contact some attorneys as well on this. Will also check with the IV leadership on their thoughts on this point.
Cheers,
Rayoflight
Did anything come of this plan? Is this doable?
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
GK,
I think you do have a point. Let me do some research and contact some attorneys as well on this. Will also check with the IV leadership on their thoughts on this point.
Cheers,
Rayoflight
Did anything come of this plan? Is this doable?
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abhijitp
07-24 09:47 AM
Can someone clarify to our needy members the difference between employment verification letter and employment offer letter please try to understand EVL is not neccesary if you can produce latest payslips from the Employer who sponsored your GC but employment offer letter is very important from the same Employer who sponsored your GC.
Where is anything said about an offer letter/ payslips?
Here is what the instructions for I-485 application form say:
Employment Letter.
If your adjustment of status application is related to an employment based visa petition (Form I-140), you must submit a letter on the letterhead of the petitioning employer which confirms that the job on which the visa petition is based is still available to you. The letter must also state the salary that will be paid.
Where is anything said about an offer letter/ payslips?
Here is what the instructions for I-485 application form say:
Employment Letter.
If your adjustment of status application is related to an employment based visa petition (Form I-140), you must submit a letter on the letterhead of the petitioning employer which confirms that the job on which the visa petition is based is still available to you. The letter must also state the salary that will be paid.
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gclabor07
10-19 09:31 PM
Folks,
I was just looking at the Obama and McCain websites just to see how they look from design standpoint (I'm a UI designer by profession). I happened to read their views on Immigration. I was surprised to see that Obama's views were extremely vague and offered no solutions to retain or encourage highly skilled immigrant workers. McCain on the other hand has section on highly skilled immigrant workers and talks about retaining them after US education, H1B cap reform, greencard increase to reflect demand etc.
If you are curious, see for yourself.
Obama on Immigration:
http://www.barackobama.com/issues/immigration/
McCain on Immigration:
http://www.johnmccain.com/Informing/Issues/68db8157-d301-4e22-baf7-a70dd8416efa.htm
Not that any of us are allowed to vote or our opinions matter to these politicians, I thought this presents an interesting comparison.
Thx.
I was just looking at the Obama and McCain websites just to see how they look from design standpoint (I'm a UI designer by profession). I happened to read their views on Immigration. I was surprised to see that Obama's views were extremely vague and offered no solutions to retain or encourage highly skilled immigrant workers. McCain on the other hand has section on highly skilled immigrant workers and talks about retaining them after US education, H1B cap reform, greencard increase to reflect demand etc.
If you are curious, see for yourself.
Obama on Immigration:
http://www.barackobama.com/issues/immigration/
McCain on Immigration:
http://www.johnmccain.com/Informing/Issues/68db8157-d301-4e22-baf7-a70dd8416efa.htm
Not that any of us are allowed to vote or our opinions matter to these politicians, I thought this presents an interesting comparison.
Thx.
Caliber
01-16 07:37 PM
Date of sign up: Jan. 16, 2007
Subscription Name: Secure $50 Per Month Recurring Contribution Subscription Number: S-09A85447SH728390F
Contributed till now: 300 + 50 = 350
Even my October 2002, NJ EB3 labor was not yet approved. Not that some thing good will happen soon, but by seeing the selfless efforts of the core team especially Aman, I feel sad and hence contributing. I know if some one asks me to spend even one hour time for some social life, I may not do so. But this core team has been tirelessly working and I feel ashamed of myself.
This 485 eligibility to apply will not even benefit me as my labor is stuck with PBEC and I hope all the people waiting with 140 approvals will get benefit.
Thank you Team IV.
Subscription Name: Secure $50 Per Month Recurring Contribution Subscription Number: S-09A85447SH728390F
Contributed till now: 300 + 50 = 350
Even my October 2002, NJ EB3 labor was not yet approved. Not that some thing good will happen soon, but by seeing the selfless efforts of the core team especially Aman, I feel sad and hence contributing. I know if some one asks me to spend even one hour time for some social life, I may not do so. But this core team has been tirelessly working and I feel ashamed of myself.
This 485 eligibility to apply will not even benefit me as my labor is stuck with PBEC and I hope all the people waiting with 140 approvals will get benefit.
Thank you Team IV.
bharani
11-04 11:31 AM
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